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Ordinance No. 1141I ORDINANCE NO. 1141 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY ADDING SUBPARAGRAPH 8 TO 4 SECTION 17.14 OF CHAPTER 17 AND ADDING SECTION 17.16 TO CHAPTER 17 OF SAID CODE RELATING TO LAW 5 ENFORCEMENT AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH 6 7 WHEREAS, the City of Vernon (the "City") is a municipal 8 corporation and a chartered city of the State of California organized 9 and existing under its Charter and the Constitution of the State of 10 California; and 11 WHEREAS, on August 26, 1940, the City Council of the City of 12 Vernon adopted Ordinance No. 536 prohibiting trespass upon and 13 loitering about certain classes of property which was codified as 14 Section 17.14, paragraphs 1 through 7 of the Vernon City Code; and 15 WHEREAS, it has come to the attention of law enforcement 16 officials and the Department of Community Services that the prohibition 17 on trespassing should be broadened to better protect the property and 18 facilities of the City; and 19 WHEREAS, there are no appropriate locations or facilities for 20 camping in the City, and law enforcement officials and the Department 21 of Community Services have determined that camping in the City could 22 create conditions tending to reduce the value of private property, 23 promote blight and deterioration, invite plundering, create fire 24 hazards, constitute an attractive nuisance endangering the health and 25 safety of minors, harbor rodents and inspect, and jeopardize health and 26 safety and general welfare, and thereby constitute a public nuisance; 27 and 28 WHEREAS, Chapter 17 of the Vernon City Code does not 1 currently address the concerns raised by camping within the City, 2 including sanitation and health and safety concerns, and enactment of 3 this Ordinance would allow law enforcement to take action against 4 persons camping within the City; and 5 WHEREAS, the proposed changes to the Vernon City Code 6 regarding enforcement of trespass, loitering or camping is consistent 7 with the goals and policies of the Vernon General Plan; and 8 WHEREAS, the Director of Community Services and the Chief of 9 Police have recommended that the Vernon City Code be amended by the 10 adoption of this Ordinance; and 11 WHEREAS, the City Council of the City finds and determines 12 that it is in the interests of the public health, safety and welfare to 13 implement the recommendations of the Director of Community Services and 14 the Chief of Police. 15 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 16 SECTION 1: The City Council of the City of Vernon hereby 17 finds and determines that the recitals contained hereinabove are true 18 and correct. 19 SECTION 2: The City Council of the City of Vernon hereby 20 amends the Vernon City Code by adding a new subparagraph 8 to Section 21 17.14 of Chapter 17, Trespass on City property - when prohibited, and 22 adding a new section 17.16 to Chapter 17, Camping Prohibited, of the 23 Vernon City Code as set forth in Exhibit A which is attached hereto and, 24 incorporated by reference. 25 SECTION 3: Any ordinance or parts of ordinances in conflict 26 with this Ordinance are hereby repealed. 27 SECTION 4: If any section, subsection, sentence, clause, 28 phrase or word of this Ordinance is for any reason held to be void or -2- 1 uncons-titutional, such decision shall not affect the validity of the 2 remaining portions of this Ordinance; it being the intention of the 3 City Council of the City of Vernon to pass and adopt this Ordinance 4 irrespective of the fact that one or more of the sections, subsections, 5 clauses, sentences, phrases or words thereof may be declared void or 6 unconstitutional. 7 SECTION 5: There being no newspaper printed, published or 8 circulated in the City of Vernon, the City Clerk is hereby directed to 9 certify to the passage of this Ordinance and shall post the same, or 10 cause the same to be posted, within fifteen (15) days after its passage 11 in accordance with Section 36933 of the Government Code, as well as 12 Vernon Code Sections 1.9 and 1.10, in three (3) of the most public 13 Places in the City of Vernon, to wit: the northwest corner of 38th 14 Street and Santa Fe Avenue, `the northeast corner of Leonis Boulevard 15 and Pacific Boulevard, and on the bulletin board located outside on the 16 wall near the second floor entrance to the City Hall of said City, 17 located at 4305 Santa Fe Avenue, all in the City of Vernon, County of 18 Los Angeles, State of California. 19 SECTION 6: This Ordinance shall be in full force and effect 20 thirty (30) days from and after its passage of the same. 21 APPROVED AND ADOPTED this day of February, 2008. 22 23 24 Name: Leonis C. Nlalburg 25 Title: Mayor/ M"er -Pro 26 ATTE T: 27 n 4-W-4 e L, i 28 MANUELA GIRON, City Clerk =11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1141, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Tuesday, January 22, 2008, and thereafter finally adopted at a regular meeting of said City Council held on Monday, February 4, 2008, and thereafter was duly signed by the Mayor or the Mayor Pro-Tem of the City of Vernon, by the following vote: (SEAL) AYES: NOES: ABSTAINED: ABSENT: Councilmen: Mayor Malburg, Davis, Gonzales, McCormick, Ybarra Councilmen: None Councilmen: None Councilmen: None MANUELA GIRON City Clerk - 4 - EXHIBIT A 1 EXHIBIT "A" 2 CHAPTER 17 3 OFFENSES --MISCELLANEOUS 4 5 Sec. 17.14. Trespass and loitering on certain classes of property. 6 7 8. Trespass on City property - when prohibited. No person shall 8 willfully enter or remain upon any property owned or controlled by the 9 City after having been ordered not to enter such property or having 10 been ordered to leave same, either by posting as described in this 11 Section 17.14 above or upon order of authorized City personnel, when 12 said City property or any section or part thereof has been declared 13 cloned by order of the City Council or by the head of any department of 14 the City, at any time or for any interval of time, whether temporary or 15 at stated intervals (days or otherwise), and whether entirely or merely 16 as to certain uses, as said City Council or the head of any City 17 department, shall find reasonably necessary for the conduct of City 18 business and affairs, for the protection or preservation of the public 19 peace, health and safety, or to avoid personal injury or property 20 damage. Each violation of this Section is hereby declared to be a 21 public nuisance and a misdemeanor, punishable as set forth in this 22 Code. 23 24 Sec. 17.16. Camping Prohibited. 25 (a) Camping is prohibited in or on any public or private property 26 located in the City. 27 (b) As used in this Chapter, "camping" means, within any tent, 28 motor vehicle, trailer, camper, or temporary structure, any of the A - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 following activities: (1) Cooking on a stove; or (2) Bathing; or (3) The use of restrooms; or (4) Any person's using any tent, motor vehicle, trailer, camper, or temporary structure, as opposed to a house, hotel, or motel, as the person's primary place of sleep for one or more nights or days. (c) As used above, "camper," means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. (d) The provisions of this Section do not apply to portable units which (i) have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, permanent residence; and (ii) have received written approval .from the Director of Community Services for such temporary usage; and (iii) are not used for cooking on a stove, bathing, or sleeping (e) Each violation of this Section is hereby declared to be a public nuisance and a misdemeanor, punishable as set forth in this Code. A - 2 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 12, 2008 TO: Steve Towles, Chief of Police S. Kevin Wilson, Director of Community Services & Water FROM: Nelly Giron, City Clerk RE: Ordinance No. 1141 - An Ordinance of the City Council of the City of Vernon Amending the Code of the'City of Vernon, California, 1959, By Adding Subparagraph 8 to Section 17.14 of Chapter 17 and Adding Section 17.16 to Chapter 17 of Said Code Relating to Law Enforcement and Repealing All Ordinances or parts of Ordinances in Conflict Therewith Transmitted herewith is a copy of Ordinance No. 1141 referenced above, which was approved by City Council on February 4, 2008. Thank you. NG:dr c: Ordinance No. 1141 4 , 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 21, 2008 Coded Systems Corporation Attn: Ann Marie Six 120 Main Street Avon, NJ 07717 Re: Code Supplement No. 65 containing Ordinance Nos. 1132 through 1145. Dear Ms. Six: As we discussed on the phone, here are the above Ordinances to be codified. ■ 1134 is not included as it is currently being worked on. ■ 1132, 1143, and 1144 are included in the package for your record but are not to be codified. With regards to Supplement 64, just confirming our phone conversation, Ordinance 1107 will remain and Ordinance 1125 should be removed. Once supplement 64 is ready, please forward 50 sets of said supplement to my attention. If you have any questions, please call me at 323/583-8811 ext. 266. Sincerely, An--� el y Gi City Clerk Fr,cfusivefy Industriaf